Fair Labor Standards Act Wage Claims
You may be wondering if your employer is paying you the appropriate minimum wage. The Fair Labor Standards Act (FLSA) requires employers of covered employees who are not considered “exempt” to pay these employees a minimum wage of $7.25 per hour. Keep in mind, this is the Federal minimum wage and various states may have their own wage and hour laws. The FLSA also lays out who are exempt employees either not subject to the minimum wage, not subject to the overtime rules, or both
Minimum wage for those under 20 years old
With regard to the minimum wage for people under 20 years old, the law permits employers to pay these employees a minimum wage of $4.25 an hour for the first 90 calendar days of employment. Employers are not allowed, however, to replace these younger employees every 90 days to maintain this youth rate.
Minimum wage for tipped employees
The FLSA also permits employers to pay what is called a “piece rate basis.” This typically occurs with tipped employees such as bartenders and servers (i.e. those who customarily receive more than $30 a month in tips). The employer may consider the tips part of the wages but must pay these employees at least $2.13 per hour if the employer claims a tip credit. While there are many other requirements, one additional one is that the employees must receive at least the equivalent of the minimum hourly wage rate ($7.25) and overtime for hours worked in excess of 40 hours per week.
Minimum wage for student employees
On certain occasions the FLSA permits payment of wages below the minimum wage under certificates issued by the Department of Labor. These include:
- Student learners (vocational education students);
- Full time students in retail or service establishments, agriculture, or institutions of higher education; and
The FLSA does not limit either the number of hours in a day or the number of days in a week that an employer may require an employee to work, for individuals over 16 years old. Similarly, the FLSA does not limit the number of hours of overtime an employer may schedule or an employee may work. However, the FLSA does require employers to pay covered/non-exempt employees not less than one and one half times their regular rate of pay (time and a half) for all hours worked in excess of 40 in a workweek.
If you believe your employer is not paying you overtime or the appropriate minimum wage that you are entitled to, do not hesitate to contact the attorneys at Mashel Law, LLC. Mashel Law, located in Marlboro, New Jersey, is dedicated exclusively to protecting the rights of employees.